Birkdale Estates Subdivison H-2016-0059BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIFTEEN (15)
SINGLE-FAMILY RESIDENTIAL
BUILDING LOTS AND FIVE (5)
COMMON LOTS ON 10.06 ACRES
OF LAND IN THE R-2 ZONING
DISTRICT FOR BIRKDALE
ESTATES SUBDIVISION
BY: EGC DEVELOPMENT, LLC
APPLICANT
HEARING DATE: JUNE 7, 2016
CASE NO. H-2016-0059
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on June 7, 2016 for final plat approval
pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING BIRKDALE ESTATES SUBDIVISION,
LOCATED IN THE NORTHWEST 'A OF SECTION 30, TOWNSHIP 4
NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, 2016, HANDWRITTEN DATE: 05/12/16, PATRICK A. TEALEY,
PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR Birkdale Estates Subdivision (H-2016-0059)
Page 1 of 3
Staff as set forth in the staff report to the Mayor and City Council from the
Planning and Development Services divisions of the Community Development
Department dated June 7, 2016, a true and correct copy of which is attached
hereto marked "Exhibit A" and by this reference incorporated herein, and the
response letter from Pat Tealey, Tealey's Land Surveying, a true and correct copy
of which is attached hereto marked "Exhibit B" and by this reference
incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR Birkdale Estates Subdivision (H-2016-0059)
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the p—? �Sk day of
�Q- , 2016.
Attest:
Jacy Jones
City Clerk
r
By: `
Tammy e eerd
Mayor, rty of Meridian
/+ 11Y of o
/ w
E�IDIAN*
SEAL
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: Dated: a % c�` / 16
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR Birkdale Estates Subdivision (H-2016-0059)
Page 3 of 3
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 1
STAFF REPORT
MEETING DATE: June 7, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Birkdale Estates Subdivision – FP (H-2016-0059)
I. APPLICATION SUMMARY
The applicant, EGC Development, LLC, has applied for final plat (FP) approval of 15 single-family
residential building lots and 5 common lots on 10.06 acres of land in an R-2 zoning district, for
Birkdale Estates Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Birkdale Estates Subdivision final plat subject to the conditions
noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0059 as presented in the staff report for the hearing date of
June 7, 2016, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0059, as presented during the hearing on June 7, 2016, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0059 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located near the southeast corner of N. Meridian Road and E. Chinden Blvd. (Parcel #:
R1002730100)
B. Applicant/Owner:
EGC Development, LLC
13601 McMillan Rd. Suite 102-137
Boise, ID 83713
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 2
C. Agent:
Patrick A. Tealey – Tealey’s Land Surveying
12594 W. Explorer Dr. Suite 150
Boise, ID 83713
V. STAFF ANALYSIS
The proposed final plat depicts 15 single-family residential building lots and 5 common lots on 10.06
acres of land in an R-2 zoning district. The gross density of the proposed subdivision is 1.49 dwelling
units (d.u.) per acre with a net density of 1.93 d.u. per acre. The minimum property size is 19,138
square feet (s.f.) with an average size of 22,555 s.f. All of the lots proposed in this phase are for
single-family detached homes and must comply with the dimensional standards of the R-2 zoning
district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance
with the aforementioned dimensional standards.
The qualified open space is approximately 0.67 of an acre. The recently approved UDC text
amendment allows for development with a minimu m lot size of 16,000 s.f. to reduce the open space
required for the development to 5% of the total acreage of the development. The 0.67 of an acre
proposed by the applicant exceeds that requirement.
The applicant proposes a barbeque area, a pool with restrooms, and a micro path connection to the
east as the provided amenities for the subdivision. The proposed common open space and site
amenities comply with the overall common open space and site amenities approved with the Birkdale
Estates Subdivision.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2.
The number of buildable lots and common area is the same as shown on the approved preliminary
plat; therefore, staff finds the proposed final plat in substantial compliance with the approved
preliminary plat.
VI. SITE SPECIFIC CONDITIONS
1. The applicant shall comply with all applicable conditions of approval associated with this site (H-
2015-0021).
2. Future development of this site shall be consistent with the preliminary plat, landscape plan
(including the common open space; pool, barbeque area, restrooms and a micropath connection
on the east boundary) and building elevations.
3. All single-family dwellings constructed within the project shall substantially conform to the
materials and elevations proposed and included in Exhibit E.
4. The applicant has until February 16, 2018, to obtain City Engineer’s signature on the final plat or
apply for a time extension in accord with UDC 11-6B-7.
5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
6. The pool facility shall require CZC and DES from the Planning Division prior to construction.
7. The final plat prepared by prepared by Tealey’s Land Surveying, dated 03/04/16, prepared by
Patrick A. Tealey, shall be revised as follows:
a. A license agreement shall be obtained from Settlers Irrigation District (NMID) for the lots
that encroach within the easement area. This license agreement shall be included as note #
13.
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 3
b. Direct lot access to Chinden Boulevard is prohibited. Prior to signature on the final plat, the
applicant shall vacate the existing 75’ X 75’ private road easement.
8. The submitted landscape plan prepared by TTKLA, PLLC, dated 10/12/15, is approved with the
following changes:
a. The applicant shall construct the pool, barbeque area, restrooms and micropath as proposed.
9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information.
10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the applicant of responsibility for compliance.
11. Prior to the issuance of any new building permits, the property shall be subdivided in accordance
with the UDC.
12. The applicant shall construct homes within the proposed development consistent with the
elevations approved with the preliminary and final plat.
13. Prior to City Engineer’s signature on the final plat, the applicant shall submit a final approval
letter from the Street Naming Committee approving the street names for the proposed
subdivision.
14. Lot 7, Block 3 shall be designated as non-buildable until such time as the temporary turn-around
is formally vacated and E. Lockhart Street is extended to the east.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 4
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor’s work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of
Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 5
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
V. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 12/28/15)
C. Proposed Final Plat (dated: 03/04/16)
D. Proposed Landscape Plan (dated: 05/13/16)
E. Proposed Elevations
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 6
Exhibit A – Vicinity Map
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 7
Exhibit B – Approved Preliminary Plat (dated: 12/28/15)
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 8
Exhibit C – Proposed Final Plat (dated: 03/04/16)
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059) PAGE 9
Exhibit D – Proposed Landscape Plan (dated: 05/13/16)
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059)PAGE 10
EXHIBIT A
Birkdale Estates Subdivision– FP (H-2016-0059)PAGE 11
Exhibit E – Proposed Elevations
Joshua Beach
From: Pat Tealey <ptealey@tealeys.com>
Sent: Monday, June 06, 2016 9:40 AM
To: Joshua Beach
Subject: RE: Birkdale Subdivision Final Plat
Josh
We have reviewed the conditions of approval and have no objections to them.
Patrick A. Tealey
PLS #4347
Tealey's Land Surveying
12594 W. Explorer Dr. #150
Boise, ID 83713
(208)385-0636 ph
(208) 385-0696 fx
T
From: Joshua Beach[mailto:ibeach@meridiancity.ora]
Sent: Friday, June 3, 2016 12:51 PM
To: Pat Tealey <ptealey@tealevs.com>; Barbara Shiffer <bshiffer@meridiancity.org>; Charlene Way
<cway@meridiancity.org>; Jacy Jones <Iiones@meridiancity.org>; Machelle Hill <mhill@meridiancitv.org>; Andrea
Pogue <apogue@meridiancity.org>; Bill Nary <bnarV@meridiancitV.org>; Emily Kane <ekane@meridiancitv.org>;
Michelle Albertson <malbertson@meridiancity.org>; Ted Baird <tbaird@meridiancitv.org>
Subject: Birkdale Subdivision Final Plat
Pat - Please submit a written response to the staff report to the City Clerk's office
(iholman@meridiancity.or>?, mhilhmeridiancity.ore, iiones@meridiancity.org) and myself (e-mail or fax) by
3:00 pm the Thursday prior to the meeting. Pat this isn't possible in this case because we didn't get you
the staff report until after Thursday at 3pm. This will be an action item on the agenda, so expect to
at least answer a quick question from the Council.
If you are in agreement with the conditions of approval contained in the staff report and you submit a
written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda;
consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you
are in agreement with the staff report, it is still recommended you attend the meeting in the event the
item is pulled off of the consent agenda.
If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of
approval, your project will be placed on the regular agenda.
Josh Beach
Associate Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
Phone: (208)489-0576
Fax: (208)888-6854
ibeach@meridiancity.org